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Domestic Violence is a broad term encompassing a variety of disruptive, abusive, harassing, or criminal behaviors. There are sometimes misunderstandings about what offenses, actions, or conduct can rise to the level of domestic violence. Arizona law has clearly established crimes that automatically constitute domestic violence. For a domestic violence charge or allegation to exist, Arizona statutes first require that the parties be in a domestic relationship. A domestic relationship exists when:
The victim and defendant (1) are or were married or (2) reside or have resided in the same household.
The victim and defendant have a child in common.
The victim or defendant is pregnant by the other party.
The victim is related to the defendant or the defendant’s spouse.
The victim is a child who resides or has resided in the same household as the defendant.
The victim and defendant are currently (or were previously) involved in a romantic or sexual relationship.
The Arizona Revised Statutes lists the following crimes and situations as “domestic violence.” In essence, if one party has engaged in any of the criminal law violations listed below and was in a “domestic relationship” as described above, domestic violence has occurred.
ARS §13-705: Dangerous Crime Against Child (any of the following crimes committed against a minor under 15 years of age):
(a) Second-degree murder.
(b) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
(c) Sexual assault.
(d) Molestation of a child.
(e) Sexual conduct with a minor.
(f) Commercial sexual exploitation of a minor.
(g) Sexual exploitation of a minor.
(h) Child abuse as prescribed in section 13-3623, subsection A, paragraph 1.
(j) Sexual abuse.
(k) Taking a child for the purpose of prostitution as prescribed in section 13-3206.
(l) Child sex trafficking as prescribed in section 13-3212.
(m) Involving or using minors in drug offenses.
(n) Continuous sexual abuse of a child.
(o) Attempted first-degree murder.
(p) Sex trafficking.
(q) Manufacturing methamphetamine under circumstances that cause physical injury to a minor.
(r) Bestiality as prescribed in section 13-1411, subsection A, paragraph 2.
(s) Luring a minor for sexual exploitation.
(t) Aggravated luring a minor for sexual exploitation.
(u) Unlawful age misrepresentation.
(v) Unlawful mutilation.
(w) Sexual extortion as prescribed in section 13-1428.
ARS §13-1102: Negligent Homicide
ARS §13-1103: Manslaughter
ARS §13-1104: Second Degree murder
ARS §13-105: First-degree murder
ARS §13-1201: Endangerment (reckless endangering another person with a substantial risk of death or physical injury)
ARS §13-1202: Threatening or intimidating (by word or conduct that would cause a person to fear physical injury or property destruction)
ARS §13-1203: Assault
ARS §13-1204: Aggravated Assault
ARS §13-1302: Custodial Interference
ARS §13-1303: Unlawful imprisonment
ARS §13-1304: Kidnapping
ARS §13-1406: Sexual Assault
ARS §13-1425: Unlawful disclosure of images of nudity or sexual activities
ARS §13-1502: Third Degree Criminal Trespass
ARS §13-1504: First-degree Criminal Trespass
ARS §13-1602: Criminal Damage
ARS §13-2810: Interfering with Judicial Proceedings
ARS §13-2904(A)(1)(2)(3)(6): Disorderly Conduct
ARS §13-2910(A)(8 or 9): Cruelty to Animals
ARS §13-2915(A)(3): Preventing use of a telephone in an emergency
ARS §13-2916: Use of Electronic communication to terrify, intimidate, threaten or harass
ARS §13-2921: Harassment
ARS §13-2921.01: Aggravated Harassment
ARS §13-2923: Stalking
ARS §13-3019: Surreptitious Photographing or Videoing
ARS §13-3601.02: Aggravated Domestic Violence (committing three or more acts of domestic violence within 48 months)
ARS §13-3623 Child (or vulnerable adult) Abuse
As you can see, there are many situations that give rise to a claim for domestic violence. If you are a victim of domestic violence, you can seek an order of protection. You can also work to have your case criminally prosecuted.
If you are alleged to have committed an act of domestic violence, it can be consequential. You can be criminally prosecuted in either a felony or misdemeanor courts and be left with a criminal record. Penalties also include probation, incarceration (including jail or even prison time), fines, court fees, and mandatory domestic violence counseling. Even the lowest level misdemeanor charges can result in a criminal conviction with possible jail.
Another consequence could include having an order of protection served on you. This order prohibits contact between parties, prohibits contact or visitation with a minor child, and can even force one party to leave the marital home. Orders of protection can also have drastic consequences in family court for parenting time orders. They are sometimes surreptitiously sought by one party in a family court action to gain an advantage over parenting time and, sadly in some situations, even child support. Please review the Orders of Protection “practice areas tab” on our website for further information about this subject.
If domestic violence is an issue in your case, you need an experienced firm to navigate the facts and the law. Simonds Law Group, PLLC does not take issues of domestic violence lightly. We are compassionate about the issue. Simonds Law Group, PLLC also successfully and zealously defends baseless domestic violence allegations. Each situation is different. At Simonds Law Group, PLLC, we will provide compassionate and confident representation in domestic violence cases. Contact us today for a consult.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.